The Legal Research On Illegal Fund-raising Incident Of Xiangxi

Illegal absorb public deposits refers to the individual or enterprise or other organization without the approval of the financial regulators, open to the public to illegal absorb deposits or in disguised form absorb deposit to disrupt the financial order behavior. In recent years the illegal absorb public deposits prominent quantity was significantly rising trend, and singling increased significantly.2008 outbreaks of xiangxi "10·2" project, its raising funds illegally series involved in the masses, gathering the fund raising funds of interest on the gigantic, high, for national rare. Along with the investigation, prosecution and judge etc process of law, this series gradually exposed gradually raising funds illegally case in its totality. According to our country criminal law, in the first 160 bars,176 bars,179 bars, the provisions of article 192 briefly with raising funds illegally related four charges. In criminal legislation system, the crime of illegal funds process of laws provisions sketchy, also lack with matching judicial explanation, and with the development of social economy, raising funds illegally means renovates ceaselessly, present a new features. As a judicial practice workers, deeply legal defects in dealing with such to the judicial departments case of the difficulties, make the criminals more opportunity, serious harm society is stable, hinder economic development, and the influence law of unified applicable. Therefore, in view of raising funds illegally crime processs in judicial practice some problems in the studied and discussed, make by integrating theory and practice ever-improving is extremely necessary to.This text through extensive investigations of fact process of illegal fund-raising Xiangxi, refer to the relevant departments dealing with the views of justice, to proceed some difficult problems operation on the case in practice encountered in comparative analysis, and have more in-depth discussion in some controversial issues for defining the qualification of practice, and propose some ideas about the crime of illegal deposits from the public financial institutions, intermediaries, directly responsible accreditation body.And combined with criminal law, have a comprehensive and systematic analysis of the illegal fund-raising of prevention and control of the legislative and judicial inadequate to prevent and combat illegal fund-raising activities with new ideas of criminal justice. theory and attempt to improve the relevant criminal legislation and justice, timely and effective containment and punishment of such crimes.